Edit This Favorite

Appeals Court Reverses “Ripeness” Decision in Plains All American Case

Last year, the U.S. District Court for the District of Delaware granted the defendants’ motion to dismiss in the case of Plains All American Pipeline LLP v. Cook. In part, the court said the plaintiffs brought their suit based on potential threats and not actual threats—the case wasn’t “ripe.” On Aug. 9, 2017, a Third Circuit federal appeals court reversed the dismissal of Plains’s procedural due process claim, while affirming the district court’s dismissal in all other respects.

The court wrote, “We hold that the District Court improperly concluded that Plains’s as-applied procedural due process claim is not justiciable. To establish a due process violation, all Plains must show is that it was required to submit a dispute to a self-interested party.”

UPPO will continue to monitor and report on developments related to this case.